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Can I file a Petition to Reopen my claim?

In California, a “Petition to Reopen” is a legal document that an injured worker can file with the Workers’ Compensation Appeals Board (WCAB) to request that a previously resolved workers’ compensation case be reopened. The purpose of a petition to reopen is to request that additional benefits be awarded or that an earlier decision be modified.

There are several grounds on which a petition to reopen may be filed,  but is usually because the injured worker’s condition has worsened.

The injured worker must have a valid reason to request to reopen the case and must provide evidence to support the petition. The WCAB will review the petition and the evidence and make a decision on whether or not to grant the request to reopen the case. If the WCAB grants the petition, the case will be set for a hearing, and the parties will have an opportunity to present evidence and testimony in support of their positions.

It’s important to note that the reopening of a case does not automatically entitle the petitioner for an award or to change the previous decision. It is the decision of the WCAB to grant or deny the reopening of the case and what benefit the petitioner will receive from it.

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